Part 23.00 ELECTRONIC ACCESS TO COURT RECORDS
PART I GENERAL PROVISIONS
A. Electronic filing and access of court files is undertaken and conducted in the 19th Judicial Circuit Court, Lake County, in compliance with the Electronic Filing Standards and Principals established by the Supreme Court of Illinois, M.R. 18368, effective January 1, 2013 and access to the electronic records will be in compliance with the Electronic Access Policy for Circuit Court Records of the Illinois Courts dated April 1, 2004.
B. The 19th Judicial Circuit seeks to provide for electronic access to court records in a manner that provides maximum accessibility to court records, promotes governmental accountability, supports the role of the judiciary, court clerk and staff, protects individual privacy rights and interests, protects proprietary business information and minimizes reluctance to use the court to resolve disputes.
C. These rules shall become effective upon filing with the Clerk of the Circuit Court and remain in effect until further order.
For the purposes of these rules the following definitions will apply:
A. Basic Access- An electronic system provided by the Circuit Clerk that allows remote users access to basic court information and records that is otherwise available at the courthouse, without cost or pre-registration. This system, complies with the requirements set forth in the Electronic Access Policy for Circuit Court Records of the Illinois Courts, effective January 1, 2003 and revised April 1, 2004.
B. Basic Court Record- The basic record as defined under Part 1 of the Manual on Recordkeeping or law.
C. Bulk Dissemination- A request for all, or a significant subset, of the information in court records that is maintained in electronic form, as is and without modification or compilation.
D. Compiled information- Information derived from the selection, aggregation or manipulation of court information from more than one individual court record, including statistical reports, and information that is not already available in an existing record or report.
E. Court Rule- Any Rule of the Supreme Court of Illinois and any local rule or administrative order established as provided by Supreme Court Rule 21.
F. Electronic Access- Inspection of the electronic court record can be made through the use of technology, such as the Internet, direct dial, KIOSK, etc., as provided by local rule.
G. Electronic Court Record- Includes information related to the indexes, calendars, record sheets, pleadings, complaints, orders, dispositions, and other case information which are maintained by the clerk of the court in electronic form and not excluded under Sections 23.04 and 23.08 of this policy, by court rule, order of court, or law.
H. Enhanced Remote Access- An electronic system provided by the Circuit Clerk that allows subscription access to compiled and bulk dissemination of court records. This system involves a subscription fee, pre-registration and setup, and complies with the requirements set forth in the bulk dissemination and compiled records exceptions of Section 4 of the Electronic Access Policy for Circuit Court Records of the Illinois Courts, effective January 1, 2003 and revised April 1, 2004.
I. In Electronic Form- Information in a court record "in electronic form" which includes information that exists as:
A. electronic representations of text or graphic documents;
B. an image, including a video image, of a document, exhibit or other thing; or
C. data in the fields or files of an electronic database.
J. Law- Any federal or state statutes passed by the U. S. Congress or the Illinois General Assembly.
23.03 AVAILABILITY OF COURT RECORDS
A. These rules do not limit or expand access to the official court record maintained by the clerks of the circuit courts. Access to those records is governed by the Supreme Court's General Administrative Order on Recordkeeping in the Circuit Courts and applicable laws. The official court records held by the clerk of court are available for inspection during regular office hours for that office.
B. Electronic court records will be available for access subject to unexpected technical failures, normal system maintenance, or as may otherwise be technically feasible.
C. Except as provided in Sections 23.04 and 23.08, the electronic court record is an exact representation of the official court record.
23.04 DESTRUCTION OF COURT RECORDS
A. The General Administrative Order on Recordkeeping in the Circuit Courts provides for the destruction of court records. Any record approved to be destroyed pursuant to those provisions may no longer be available for inspection in electronic form.
B. Pursuant to the General Administrative Order on Recordkeeping in the Circuit Courts, the Clerk of the Circuit Court may elect to continue to provide access to all or part of the electronic court record where approval has been received to destroy the basic record of the case.
C. A court's case management system may necessitate that portions of the electronic court record be removed from or not be made available by electronic access.
23.05 FEES FOR ACCESS
A. There shall be no additional fee for electronic access to the court record as provided for in these rules. However, this does not limit a Clerk of the Circuit Court from charging fees for copies regardless of form, format, or media of exchange of documents filed with the Clerk.
B. This section does not apply to contractual relationships for the provision of any service under the Enhanced Remote Electronic Access Program or as allowed by court rule or law.
PART II BASIC ACCESS TO COURT RECORDS
23.06 BASIC ACCESS TO COURT RECORDS
Every member of the public will have the same electronic access to court records as provided in these rules except as provided in Sections 23.04 and 23.08.
A. "Public" includes:
1. any person and any business or non-profit entity, organization or association;
2. any governmental agency for which there is no existing court rule, order, or law defining the agency's access to court records;
3. media organizations; and
4. entities that gather and disseminate information for whatever reason, and regardless of whether it is done with the intent of making a profit, without distinction as to nature or extent of access.
B. "Public" does not include:
1. court or clerk of court employees;
2. people or entities, private or governmental, who assist the court in providing court services;
3. public agencies whose access to court records is defined by another court rule, order or law; and
4. attorneys of record who may be allowed greater electronic access to their specific cases by local rule, dependent upon the capabilities of the case management system on which those records are stored.
23.07 BASIC ACCESS TO COURT RECORDS
Electronic records listed under the Basic View Field List per the Attachment to LCR 23.00 will be available under the Basic Electronic Access Program.
23.08 LIMITATIONS TO ELECTRONIC ACCESS
A. Certain Electronic Court Records are excluded from public access as follows:
1. Information that is impounded, sealed, or expunged pursuant to law or by court rule, order of court, or pursuant to the Manual on Recordkeeping shall be excluded from public access in electronic form. Access and inspection of this information is governed by the existing court rules and laws for public access of the official court record. Requests for inspection must be made in person at the office of the Clerk of the Circuit Court.
2. Information that is excluded from public access in electronic form pursuant to Supreme Court Rules 15 and 138, unless access is provided at the office of the Clerk of the Circuit Court. Such access shall be through the use of a computer terminal which does not allow information to be downloaded or exported and only if such access is not otherwise prohibited by these rules. Information that is excluded in electronic form is:
a. Financial information that provides identifying account numbers on specific assets, liabilities, accounts, credit cards, first five digits of social security number (effective 1/1/14), or P.I.N. numbers of individuals or business entities;
b. Proprietary business information such as trade secrets, customer lists, financial information, or business tax returns;
c. Information constituting trade secrets, copyrighted or patented material or which is otherwise owned by the state or local government and whose release would infringe on the government's proprietary interests;
d. Notes, drafts and work products prepared by a judge or for a judge by court staff or individuals working for the judge related to cases before the court;
e. Names, addresses, or telephone numbers of potential or sworn jurors in a criminal case;
f. Juror questionnaires and transcripts of voir dire of prospective jurors;
g. Wills deposited with the court pursuant to the Manual on Recordkeeping;
h. Arrest warrants (at least prior to the arrest of the person named).
B. Requests for Bulk Dissemination of bulk information in electronic form is not permitted for court records, except as provided for in PART Ill of these rules, court order, or law.
C. Dissemination of compiled information in electronic form is not permitted, except where explicitly provided for in PART Ill of these rules, court order, or law.
23.09 ADDITIONAL COURT RECORDS
A. The following information in court records will be made electronically accessible through the basic access system if it exists in electronic form, except as provided in Sections 23.04 and 23.08:
1. Indexes to cases as provided in the Manual on Recordkeeping;
2. Calendars of court proceedings;
3. The record sheet as provided for in the Manual on Recordkeeping;
4. Sentencing information in criminal and quasi-criminal cases.
PART III ENHANCED REMOTE ELECTRONIC ACCESS PROGRAM
23.10 ENHANCED REMOTE ELECTRONIC ACCESS PROGRAM
The Circuit Court of Lake County hereby establishes a policy to allow access to court records maintained by the Clerk of the Circuit Court through the Enhanced Remote Electronic Access Program. The Circuit Judges of the 19th Circuit, by this rule, hereby authorize the establishment of the Enhanced Remote Electronic Access Program to the Clerk of the Circuit Court's File Databases, as a way to process compiled records requests and bulk dissemination of court records.
23.11 SUBSCRIBER AGREEMENTS
A. The Clerk of the Circuit Court of the 19th Judicial Circuit shall maintain a log/index, which may be maintained manually and/or by computer, of all Subscriber's Agreements entered into by the Clerk under the provisions of this rule which log/index shall include:
1. Name, address, and telephone number of the subscriber;
2. Name of the contact person at the subscriber;
3. Beginning date of the Subscriber's Agreement;
4. Termination/cancellation of the Subscriber's Agreement;
5. Reason for termination/cancellation.
B. A current copy of the subscriber's log/index shall be made available to the Chief Judge or his/her designee.
C. A subscriber will be terminated from the Enhanced Remote Electronic Access Program for the violation of any of the access rules contained herein, running scripts or the attempt to modify the access program.
23.12 ACCESSIBLE RECORDS
Electronic records listed under the Enhanced View Field List per the Attachment to LCR 23.00 will be available under the Enhanced Remote Electronic Access Program.
23.13 NON-ACCESSIBLE RECORDS
A. The following records may not be accessed by subscribers under the Enhanced Remote Electronic Access Program:
1. Any records excluded from Basic Access under Section 23.04 and 23.08 except as specifically allowed by Section 23.12.
23.14 DOCUMENT STORAGE FUND
Any fees collected by the Clerk of the Circuit Court of the 19th Judicial Circuit under this program shall be deposited in the Clerk's Document Storage Fund and shall be used solely for the purposes authorized in accordance with the applicable law. The Clerk of the Circuit Court shall annually provide an accounting of all receipts pursuant to the Enhanced Remote Electronic Access Program to the Chief Judge or his/her designee.
Attachment: INFORMATION FIELD LIST AVAILABLE FOR ELECTRONIC ACCESS
Adopted by the Circuit Judges
of the Nineteenth Judicial Circuit
on the 19th day of August, 2013
and effective upon filing with the
Clerk of the Circuit Court.
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